Legal Question in Family Law in Massachusetts
Please, how should I interprete this Judges's statement for the care our children.
"Father and mother shall havee shared legal custody of their four children. The children shall reside in the marital home with mother, who shall have physical custody of them."
Can I, father, have children living with me within certain period of the week, or they have to always stay with mother. And can I visit at will?
I just need interpretation of the Judge's statemaent.
3 Answers from Attorneys
It means that your wife has physical custody of your children but it the judge should provide for visitation and for your children to be able to stay with you provided you have adequate room for them the reside with you.
Usually the Court will provide for weekend visitations or during certain vacation periods. I would consult with my attorney assuming you have one. If you do not have an attorney I would consult with one.
If no visitation has been provided for in the court's order you should retain an attorney to file a complaint for modification to set terms. Joint legal custody gives both parents rights regarding the children's school and health records access, but physical custody resides in the mother alone unless modified by a visitation order. Good Luck!
I agree with the counsel above. If the judge only said the words you wrote on this web page and no other words it appears you wife (or ex wife) has full physical custody. Meaning that you have no right to see them. This is rare. If it is true you should seek a modification asking for visitation rights.